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Police ponder pot shop quandary: Raid them or ignore them?

Author of the article:

Jacquie Miller • Ottawa Citizen

Publishing date:

September 23, 2016 • 3 minute read

Toronto police officers carry out bags of cannabis products during a raid on a marijuana dispensary last May. Ottawa police are now pondering what to do about the illegal pot shops here.COLE BURSTON/ THE CANADIAN PRESS

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Since last spring, Toronto police have raided about 50 of the city’s marijuana dispensaries and charged dozens of people with drug trafficking. It hasn’t come close to stamping out the illegal pot shops, though — dozens still operate across the city.

That cautionary tale is not far from the minds of Ottawa police as they ponder what to do about the 15 pot shops that have opened here.

Several Ottawa city councillors have said the dispensaries are breaking the law and should be closed. Parents in Orléans are furious after a dispensary opened in a building on St. Joseph Boulevard that also houses a martial-arts studio and a tutoring centre for children.

Ottawa police are investigating the pot shops, said Insp. Michael Laviolette. But they are taking what he calls a “measured approach.”

“We have to ask ourselves, what is the risk to the community? We are investigating them, we aren’t ignoring them. We’re not kicking the doors in with the tac team, guns ablazing, à la Toronto, the way they did it. All those places they kicked the doors in in Toronto? They re-opened the very next day. Is that what you want as a citizen in the City of Ottawa?”

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While some Ottawa residents have complained about the dispensaries, others object to the idea of public money spent on raiding them when marijuana will soon be legal, said Laviolette. In Toronto, there was public criticism over the dispensary raids.

The situation is in “flux,” he said. “We need to get our heads around the fact that it’s very soon not going to be illegal anymore. However, it will be regulated, heavily regulated, and that’s what we’re waiting to see, what that’s going to look like.”

A federally appointed panel of experts is supposed to make recommendations in November on how the government should regulate the production, distribution and sale of cannabis. Legislation to legalize recreational marijuana is supposed to be introduced next spring.

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The regulated universe is unlikely to be a free-for-all of pot shops on every corner.

The government has promised a “public health approach,” with strict regulations, support for addiction treatment and education about the risks of using marijuana, especially for youth. A discussion paper released as part of public consultations warns against what happened when pot was legalized in Colorado and Washington State. (Pot is sold in boutiques and has become a tourist draw.) The government should guard against the commercialization and “normalization” of marijuana, the paper says. It discusses restrictions on advertising, plain packaging, and limits on THC, the chemical ingredient that makes users high.

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Of particular concern are edible products like the cannabis-laced cookies, brownies, Freezies, pop and candy that are now on sale at dispensaries across Ottawa. They could be attractive to children.

Cannabis-laced Freezies are for sale at the Green Tree marijuana dispensary on Bank Street, one of 15 pot shops in the city.Tony Caldwell/Tony Caldwell

Will Ottawa police take action against the shops? They aren’t saying, as drug investigations are confidential. One person who complained to police about the Orléans dispensary said she got a phone call from a member of the drug squad, who assured her they are investigating.

Laviolette said Ottawa police are consulting with the Public Prosecution Service of Canada, the office responsible for prosecuting drug crimes.

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“In this particular case, things have been sent up to them, and we are just waiting. We have gathered evidence on certain things. I can’t get into specifics, but we’ve kind of pushed the ball into their court. Do we move forward on this, or do we not?”

Attorney General Yasir Naqvi told the Citizen’s editorial board Friday that those who are dispensing marijuana now are doing it illegally under current laws, but he isn’t in a position to tell police how to do their jobs.

It will be up to the Crown to determine how to proceed if charges are laid, he said.

All the dispensaries say they cater to medical marijuana users. They have various rules for screening customers. Some require a doctor’s prescription, for instance, or offer to provide a doctor consultation on Skype. But none of the dispensaries is licensed by Health Canada.

“They are getting the products illegally,” said Laviolette. “The government is not supplying them with the products. You can have all the medical certificates in the world, but if you’re not licensed to be handing (medical marijuana), it’s trafficking.”

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